R 299.22 Generic cleanup criteria for soil based on leaching of hazardous substances into groundwater.

Rule 22. (1) To assure that soils do not pose a threat of aquifer contamination, the concentration of the hazardous substance in soil shall be below that which produces a concentration in leachate that is equal to the least restrictive of the applicable groundwater criteria specified in subdivisions (a) to (c) of this subrule, or below a criterion based on the soil-water partitioning characteristics of a hazardous substance as provided in subrule (4) of this rule, whichever is higher. The selection of the following least restrictive value, and comparison to the soil-water partitioning value, shall be done separately for each pathway that is relevant at the facility: (a) The groundwater criteria developed under R 299.8 to 299.14. (b) The leachate concentration generated by background soil. (c) The groundwater concentration allowed by target detection limit, if it is higher than a risk-based criterion that would otherwise be the most restrictive. (2) Leachate testing is not required to demonstrate compliance with subrule (1) of this rule if the total concentration of a hazardous substance in soil does not exceed 20 times the lowest groundwater cleanup criterion that is applicable at the facility or does not exceed the soil-water partitioning value established under subrule (4) of this rule, whichever is higher. (3) Leachate concentrations shall be determined by a method that best represents in-situ conditions. For the purposes of this rule, the following test methods are acceptable: (a) The United States environmental protection agency's toxicity characteristic leaching procedure (TCLP) (revised as of July 1992) or the synthetic precipitation leachate procedure (SPLP) (revised as of September 1994) as set forth in SW-846, Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, (revised to include Update III, June 13, 1997), published by the United States Environmental Protection Agency, which are adopted by reference in these rules and which are available for inspection at the Lansing office of the department, 525 West Allegan Street, Lansing, Michigan. Copies of the provisions may be purchased at a cost as of the time of adoption of these rules of $239.00 from the National Technical Information Service, United States Department of Commerce, 5285 Port Royal Road, Springfield, Virginia 22161 (publication number PB97- 156111GEI), or from the Department of Environmental Quality, Remediation and Redevelopment Division, 525 West Allegan, Lansing, Michigan 48909, at cost. (b) Other methods accepted by the department to more accurately simulate conditions at the site than the test methods specified in subdivision (a) of this subrule. (4) The department may, if adequate data are available, establish acceptable soil concentrations based on soil-water partitioning characteristics of a hazardous substance.